The controversial ruling overturned a previous local authority decision which barred the 11-year-old daughter of a strict Muslim family from a single sex school. Previous challenges to schools admissions under the HRA have all failed.
Mr K, a devout Muslim, wanted his daughter to attend a single sex school. But the London Borough of Newham offered her a place at a coeducational school.
“Education authorities will have to check that their admissions policies comply with the HRA”
Eleanor Wright, Fisher Meredith
Mr Justice Collins ruled that Newham had failed to take account of Mr K's religious convictions when deciding whether to offer his daughter a place at his school of choice.
The HRA provides a right to education and a right to respect for religious and philosophical convictions.
Eleanor Wright of Fisher Meredith, acting for Mr K, commented: “Mr K is delighted with today's result, but all education authorities will now have to check that their admissions policies comply with the HRA.”
Adam Solomon of Clois-ters, instructed by Fisher Meredith, acted for Mr K. Mark Glover of Tanfield Chambers was instructed by the London Borough of Newham.